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SmithKline Beecham Corporation, dba GlaxoSmithKline v. Abbott Laboratories - Document No. 3

SmithKline Beecham Corporation, dba GlaxoSmithKline v. Abbott Laboratories - Document No. 3

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Published by Justia.com
SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 2 ADR Scheduling Order (Attachments: # 1 Standing Order)(sis, COURT STAFF) (Filed on 11/9/2007) 3:2007cv05702 California Northern District Court
SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 2 ADR Scheduling Order (Attachments: # 1 Standing Order)(sis, COURT STAFF) (Filed on 11/9/2007) 3:2007cv05702 California Northern District Court

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Published by: Justia.com on Apr 24, 2008
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Last revised November 1, 2007.
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

SUPPLEMENTAL ORDER TO
ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE
IN CIVIL CASES BEFORE JUDGE WILLIAM ALSUP

INTRODUCTION

The purpose of this supplemental order is to guide the parties on recurring practical questions that arise prior to trial and to impose certain requirements for the conduct of the case. Counsel must please read this order and follow it.

SERVICE OF THIS ORDER
1.

For cases originating in this Court, plaintiff(s) must serve this order and the order
setting the initial case management conference (along with any other required pleadings) on each
defendant. For cases removed from state court, the removing defendant(s) must serve this order
and the order setting the initial case management conference (along with any other required
pleadings) immediately on each and every party that has previously appeared or that appears
within thirty days after removal. Thereafter, any existing party to the action that brings a new
party into the action must immediately serve a copy of this order and the order setting the initial
case management conference (along with any other required pleadings) on the new party.

Case 3:07-cv-05702-WHA Document 3
Filed 11/09/2007 Page 1 of 10
SmithKline Beecham Corporation, dba GlaxoSmithKline v. Abbott Laboratories
Doc. 3
Dockets.Justia.com
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CASE MANAGEMENT CONFERENCE
2.

The parties will please address the standardized items in the court-wide format
for the joint case management statement. This is available at the Standing Order For all Judges
of the Northern District of California \u2014 Contents of Joint Case Management Statements.
Please file (electronically or manually depending on your case) at least SEVEN CALENDAR DAYS
prior to the case management conference.

3.

Each party shall be represented at the case management conference by counsel
prepared to address all such matters and with authority to enter stipulations and to make
admissions.

4.

Pursuant to FRCP 26(d), no formal discovery shall be initiated by any party until
after the meet-and-confer session required by FRCP 26(f), except by stipulation or prior court
order. As soon as a party has notice of this order, however, the party shall take such affirmative
steps as are necessary to preserve evidence related to the issues presented by the action,
including, without limitation, interdiction of any document-destruction programs and any
ongoing erasures of e-mails, voice mails, and other electronically-recorded material.

ELECTRONIC CASE FILING \u2014 LODGING HARD COPIES WITH CHAMBERS
5.

In all \u201cE-Filing\u201d cases, in addition to filing papers electronically, the parties are
required to lodge for chambers one paper copy of each document that is filed electronically.
These printed copies shall be marked \u201cChambers Copy \u2014 Do Not File\u201d and shall be in an
envelop clearly marked with the judge\u2019s name and case number. It shall be delivered to the
Clerk\u2019s office no later than noon on the day following the day that the papers were filed
electronically. Parties shall not file a paper copy of any document with the Clerk\u2019s Office that
has already been filed electronically. For the final pretrial conference, please follow

Guidelines for Trial and Final Pretrial Conference In Civil Jury Cases Before the Honorable
William Alsup.
SETTINGMOTIONS FORHEARING
6.
Counsel need not request a motion hearing date and may notice non-discovery
motions for any Thursday (excepting holidays) at 8:00 a.m. Case management and final pretrial
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conferences will be set by the Court. The Court sometimes rules on the papers, issuing a written order and vacating the hearing. If before any such order, a written request for oral argument is filed stating that a lawyer four or fewer years out of law school will conduct the oral argument (not just part of it), then the Court will hear oral argument, believing that young lawyers need more opportunities for appearances than they usually receive.

FORM OF SUBMISSIONS
7.

On summary judgment motions, joint statements of undisputed facts are not required but are helpful if completely agreed upon. Please donot file separate statements of \u201cundisputed facts.\u201d

8.

Reply declarations are disfavored. Opening declarations should set forth all facts on points foreseeably relevant to the relief sought. Reply papers should not raise new points that could have been addressed in the opening.

9.
The title of the submission must be sufficient to alert the Court to the relief
sought; for example, please do not bury a request for continuance in the body of a memorandum.
10.

All submissions filed with the Court shall include on the cover sheet the date and time of the hearing or conference. Counsel should include their facsimile transmission numbers along with their telephone numbers on their papers.

DISCOVERY
11.

The following paragraphs on discovery provide counsel and the parties with
views and guidelines of Judge Alsup so that they can plan accordingly. For good cause, the
parties are invited to propose any modifications in their joint case management conference
statement. Unless and until modified, however, the following provisions shall supplement the
requirements of the Federal Rules of Civil Procedure and the local rules.

12.

In responding to requests for documents and materials under FRCP 34, all parties
shall affirmatively state in a written response the full extent to which they will produce materials
and shall, promptly after the production, confirm in writing that they have producedall such
materials so described that are locatable after a diligent search ofall locations at which such
materials might plausibly exist. It is not sufficient to state that \u201cresponsive\u201d materials will be or

Case 3:07-cv-05702-WHA Document 3
Filed 11/09/2007 Page 3 of 10

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